Preliminary decree for partition with mesne profit

Querist : Anonymous (Querist) 31 July 2010 This query is : Resolved
Sir,

I filed appeal for partition suit in the High Court and Hon'ble High Court was pleased to pass partition of the suit along with past and future mesne profit in my favour and directed to approach trial court for Final decree. Under what section cpc I should file to claim partition and Mesne profit for my share of the property. Whether mesne profit and partition of property is decided together or separately in the court. What is the criteria ? How is it decided from which date the mesne profits are calculated (Whether from the date of filing of suit or occupying the land/house). If I do not receive mesne profit as ordered by the decree in that case What steps I should take for claiming my mesne profit. For partition of suit what are the functions of advocate Commission for partition.

I will be grateful for your kind advise and suggestions.

Thanking you,

Yours faithfully,

M.S.N.

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R.Ranganathan (Expert) 31 July 2010
You say appeal was filed and allowed. Then this order will be subject to the Premilinary Decree for partition filed in the lower court. You check your prayer for partition. Otherwise you go as per the Order passed in the appeal. Your query is incomplete. Regarding other matters you clarify what exactly is wanted.

adv. rajeev ( rajoo ) (Expert) 31 July 2010
you will have to file Final Decree Proceedings in the trial court along with a prayer to direct the concerned revenue officer/tahasildar to suggest the divisions as per the final decree proceedings. After completing the final decree proceedings to take the possession or to claim the meanse profit you will have to file execution petition.

niranjan (Expert) 31 July 2010
Pl.see O.20, Rule 12 n 18.

G. ARAVINTHAN (Expert) 01 August 2010
visit property and give report to court suggesting for partition or sale of property and division of shares

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